White officer who fatally shot Black man shouldn't have been in his backyard, judge rules in suit

A federal judge has partially sided with the family of a Black man who was fatally shot by a now-imprisoned white Kansas City, Missouri, police detective, ruling that the officer should not have entered the man's backyard.

U.S. District Judge Beth Phillips ruled Wednesday that Eric DeValkenaere violated 26-year-old Cameron Lamb’s Fourth Amendment protection against unreasonable search and seizure by entering his property in 2019 without a warrant or other legal reason to be there.

However, Phillips declined to issue a summary judgment on the family's claim that the ensuing shooting amounted to excessive force, and made no immediate decision on any damages in the wrongful death case filed against the Kansas City police board and DeValkenaere.

John Coyle, an attorney for Lamb’s family, said they hope the ruling will force the police board to “recognize this tragedy and do right by Cameron’s family.”

DeValkenaere is now serving a six-year sentence after he was convicted in 2021 of involuntary manslaughter and armed criminal action in the case, which has divided activists and Republican lawmakers.

The shooting happened as Lamb returned home after chasing his girlfriend’s convertible. Lamb was backing into a detached garage in the backyard when DeValkenaere and another detective, Troy Schwalm, arrived.

Phillips, who relied heavily on evidence presented in the criminal case, noted that Lamb kicked over a barricade to get into the backyard and had no legal reason to be there.

DeValkenaere testified at his trial that he fired after Lamb pointed a gun at Schwalm and that he believed his actions saved his partner’s life.

But Phillips noted that Schwalm said he never saw a gun. At the criminal trial, prosecutors argued that police staged the shooting scene to support their claims that Lamb was armed.

Phillips said that factual dispute prevents her from granting summary judgment on the issue of excessive force. A summary judgment is issued without a full trial and granted when the facts aren't in dispute.

Lamb’s name was often invoked during racial injustice protests in Kansas City in 2020.

DeValkenaere left the police force after his conviction but remained free on bond until losing his appeal in October 2023. The Missouri Supreme Court subsequently declined to hear an appeal.

A Kansas City police spokesman said the department doesn’t comment on pending litigation.

DeValkenaere had the backing of Republican Missouri Attorney General Andrew Bailey, whose office asked the appeals court to reverse his conviction or order a new trial. That was unusual because the attorney general’s office typically defends convictions, rather than appeals them.

DeValkenaere’s wife, Sarah DeValkenaere, often uses social media to urge followers to request a pardon. Missouri Gov. Mike Parson, a former Polk County sheriff, acknowledged the pressure in an interview in August on KCMO Talk Radio.

“There’s not a week that goes by that somebody’s not reaching out to me about that issue and we’re going to see what happens here before long. I’ll leave it at that. But you know, I don’t like where he’s at. I’ll just say that,” Parson said.

Parson didn’t run for reelection because state law bars him from seeking another term. But in the GOP race to determine his replacement, all three major candidates either promised to release DeValkenaere or vowed a close review of his request for clemency.

FILE - Eric DeValkenaere, a Kansas City, Mo., police detective, who shot and killed Cameron Lamb after a chase, testified Wednesday, Nov. 10, 2021, at the Jackson County Courthouse in Kansas City, Mo., about what led up to the shooting of Lamb, who was backing his pickup truck into his garage. (Rich Sugg/The Kansas City Star via AP, File)

FILE - Former Kansas City police detective Eric DeValkenaere listens to witness statements during his sentencing hearing, March 4, 2022 in Kansas City, Mo. The Missouri Supreme Court on Tuesday, March 5, 2024 declined to hear an appeal by DeValkenaere, who is serving a six-year sentence for fatally shooting Cameron Lamb in 2019. (Jill Toyoshiba/The Kansas City Star via AP, File)

NEW YORK (AP) — Pitcher Alex Cobb was dropped from Cleveland's American League Championship Series roster on Tuesday after he got hurt yet again in the opener, leaving the Guardians in search of a Game 5 starter against the New York Yankees.

“It’s been a challenging year. Timing of this one coming in the postseason makes it extra difficult," Cobb said. "It’s a moment I’ve been waiting for my whole career and to not be able to contribute — to put the team in a hole yesterday was challenging.”

Cobb left Monday's 5-2 loss after 2 2/3 innings. The 37-year-old right-hander is ineligible to pitch for the remainder of the postseason.

“He was diagnosed with a lower back strain,” manager Stephen Vogt said before Cleveland dropped to 0-2 in the best-of-seven series on Wednesday with a 6-3 loss. “This type of injury would be a full blown IL stint, and with the timing of the year, the chances of him pitching again were very, very, very slim.”

Cobb was replaced on the roster by Ben Lively, a 32-year-old right-hander who was Cleveland’s winningest pitcher this season at 13-10 with a 3.81 ERA in 29 starts.

“We don’t know what we’re going to have,” Vogt said. “Alex was going to start Game 5. Now we have to figure out today knowing that we have six more games to cover.”

Lively and left-hander Gavin Williams are candidates to start Game 3 on Thursday in Cleveland.

Cobb pitched just 22 innings over five games this year, including the regular season and playoffs.

A 2023 All-Star, Cobb had hip surgery on Oct. 31 and hadn’t yet returned to the mound when he was acquired by Cleveland from San Francisco at the July 30 trade deadline.

He made his season debut Aug. 9 and was sidelined after two games by a torn nail on his right index finger. He didn’t allow an earned run over six innings in his Sept. 1 return against Pittsburgh, then went back on the injured list with a blister on his right middle finger that ended his regular season.

Cobb went 0-2 with a 7.94 ERA in the playoffs. He received a $10 million salary this year under a club option that was exercised and can become a free agent after the World Series.

Lively last pitched Sept. 28 against Houston on the next-to-last day of the regular season.

“I’m just staying on the same workout program as I was when I was starting: workout day, heavy bullpen day mixed in between and just try to stay built up,” Lively said.

He has faced the Yankees once, on May 19 last year for Cincinnati, when he allowed a home run to Aaron Judge in the first inning and issued a sixth-inning walk to Judge, who scored on Anthony Rizzo's homer off reliever Ian Gibaut in a 6-2 New York win.

AP MLB: https://apnews.com/hub/mlb

Cleveland Guardians starting pitcher Alex Cobb reacts after walking New York Yankees' Anthony Volpe during the third inning in Game 1 of the baseball AL Championship Series Monday, Oct. 14, 2024, in New York. (AP Photo/Godofredo Vásquez)